Kerala High Court
Abdul Ashif Kanchirathingal vs The Secretary on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 27643 OF 2023
PETITIONERS:
1 ABDUL ASHIF KANCHIRATHINGAL,
AGED 50 YEARS
S/O MUHAMMED HAJI, KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O., KOZHIKODE,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O.,
KOZHIKODE, PIN - 673573
2 ARSHAQ M,
AGED 32 YEARS
S/O MOHAMMED ASHRAF,RESIDING AT MACHINGAL HOUSE,
THEYYALA ROAD, MALAPPURAM DISTRICT -676302,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O .,
KOZHIKODE DISTRICT, PIN - 673573
3 ASHIQUE M,
AGED 27 YEARS
S/O MOHAMMED ASHRAF, RESIDING AT MACHINGAL HOUSE,
THEYYALA ROAD, MALAPPURAM DISTRICT -676302,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O.,
KOZHIKODE DISTRICT - 673 573
BY ADVS.
M.K.SUMOD
VIDYA M.K.
RAJ CAROLIN V.
THUSHARA.K
RESPONDENTS:
1 THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION,BEACH P O,
KOZHIKODE DISTRICT, PIN - 673032
2 THE KOZHIKODE MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY,BEACH P O,
KOZHIKODE DISTRICT, PIN - 673032
WP(C) NO. 27643 OF 2023
..2..
BY ADV SHRI.V.KRISHNA MENON, SC,
KOZHIKODE MUNICIPAL CORPORATION
SMT. AMMINIKUTTY K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27643 OF 2023
..3..
MOHAMMED NIAS C.P., J.
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W.P.(C.) No. 27643 of 2023
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with the following prayers;
" i) Issue Writ of Certiorari by quashing the Exhibit PI rejection order of the 1st respondent by calling for the records leading to the issuance of the same.
ii) Issue writ of Mandamus or any other order, writ or direction to the 1st respondent to re-consider the application dated 01/03/2023 and referred to in Exhibit P1, in a time bound manner and within a period of one month from the date of final disposal of the writ petition."
2. The petitioner's application for a building permit was rejected on the ground of a proposal for acquisition and not on any grounds stipulated under Rule 11 of the KMBR 2019. This issue is covered in favour of the petitioner WP(C) NO. 27643 OF 2023 ..4..
by the judgment of this Court reported in District Town Planner, Malappuram and Others v. Vinod and Others (2019 (3) KHC 673.
3. Accordingly Ext P1 is quashed and there will be a direction to the 1st and 2nd respondents to reconsider the application for a building permit submitted by the petitioner dated 1-3-2023 and pass orders on the application for plan and approval in accordance with law and taking note of the above judgment within a period of six weeks from the date of receipt of a copy of the judgment.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 27643 OF 2023 ..5..
APPENDIX OF WP(C) 27643/2023 PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE REJECTION ORDER WITH REF. NO. TP3/17358/23 DATED 03/04/2023 OF THE 1ST RESPONDENT TO THE PETITIONERS EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 14/05/2023 SUBMITTED BY THE PETITIONERS THROUGH THEIR POWER OF ATTORNEY HOLDER HAFISH BABU K TO THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT UNDER RTI ACT EXHIBIT P3 TRUE COPY OF THE REPLY UNDER REF NO.
TP3/TP12/47618/23 DATED 13/07/2023 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT TO MR. HAFISH BABU K EXHIBIT P4 TRUE COPY OF THE PURCHASE NOTICE DATED 30/10/2023 AND SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONERS EXHIBIT P5 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT WITH NUMBER 87287 DATED 30/10/2023 ISSUED FROM THE OFFICE OF THE RESPONDENTS // True Copy // PA To Judge